All Posts by Dan Coles

All imported beverage alcohol sold in British Columbia must be registered with the Liquor Distribution Branch (LDB) and represented by an agent licensed by the Liquor Control and Licensing Branch who holds a valid letter of authorization from the manufacturer.

Recently the Liquor Control and Licensing Branch released its reasons in Re Wolf in the FogEH16-096, confirming that even high-end restaurants will be targeted by British Columbia’s liquor inspectors conducting minors as agent program (MAP) investigations.

Previously Alcohol & Advocacy reported on B.C’s Liquor Control and Licensing Branch compliance and enforcement statistics for January – October, 2016. The Compliance and Enforcement division has now made more statistics from 2016 available, including the “Top Ten Contraventions Pursued” which are as follows:

On March 8, 2017 Mr. Justice Kent of the Supreme Court of British Columbia released his reasons in Widdowson v. The Cambie Malone’s Corporation – British Columbia’s most recent decision on commercial host liability. The court found the Cambie Malone’s liable for over-serving a patron who later struck Mr. Widdowson with his truck, causing him severe injuries, including brain damage.

American craft beer class action warfare remains alive and well in 2017 with Wal-Mart entering the cross-hairs earlier this month. In February Mr. Matthew Adam of Hamilton County, Ohio commenced a class action lawsuit against Wal-Mart on behalf of all purchasers of “craft” beer from Wal-Mart Stores.

Licensees who operate in vacation destinations or resort communities know that that many of their patrons are visiting from away, and are in town to relax. Customers may be from foreign jurisdictions where the laws and culture surrounding the service and consumption of alcohol are very different than they are here in British Columbia; alternatively their customers may very well know the local laws and restrictions but feel that the laws should be as relaxed as they are.

From time-to-time the Liquor Control and Licensing Branch releases compliance and enforcement statistics. The most recent statistics on licensee contraventions of BC’s liquor laws are for the period between January and October, 2016. Alcohol & Advocacy has previously written on this issue for the period between January, 2010 and December, 2013, and that article can be found here.

Craft beer darling, and Sunshine Coast favourite Persephone Brewing Company has been given two years to relocate its facilities off its current premises in British Columbia’s Agricultural Land Reserve (ALR). On December 19th, 2016 the Agricultural Land Commission (South Coast Panel) released the reasons of its decision not to permit Persephone to continue to operate at its 11 acre property located at 1053 Stewart Road in Gibsons, BC. The reasons can be found here.

It’s fitting that after a year of significant liquor law announcements, reforms, and court cases coming from across the country, the Ontario Court of Appeal would release a liquor law decision just before the start of the New Year. While the result was unfortunate for the Toronto Distillery Company, and affirms a common practice used by liquor control boards to extract tax revenue from small producers, it does provide food for thought for liquor lawyers from coast-to-coast.

On October 20, 2016 the Liquor Control and Licensing Branch suspended the food primary liquor licence of Johnnie Fox’s Irish Snug for a period of ten days. The reasons for the Branch’s decision in Re 641486 B.C. Ltd. dba Johnnie Fox’s Irish Snug can be read here.

Alcohol & Advocacy is a blog intended to provide general information and commentary for those working in the brewing and hospitality industry. Although we make our best efforts to ensure the information found on our website is accurate, we cannot guarantee it. Nothing on this website should be considered legal advice. Do not under any circumstances rely on information published on this website in place of seeking legal counsel. If you or your business require legal advice Daniel H. Coles or the lawyers at Owen Bird Law Corporation would be pleased to provide such advice.